Voigt v. Coyote Creek Mining Co.

Charles S. Miller, Jr., Magistrate Judge

Before the court are two motions. One is defendant's motion for summary judgment of dismissal, which is supported by amicus briefs from the State of North Dakota and the Lignite Energy Council ("LEC").1 The other is plaintiffs' motion for partial summary judgment as to certain issues of liability.

The court previously denied defendant's motion to dismiss for lack of jurisdiction, abstention, and failure to state claim. Voigt v. Coyote Creek Mining Company, LLC, No. 1-15-cv-00109, 2016 WL 3920045 (D.N.D. July 15, 2016) (" Voigt"). For purposes of…